Legal Opinion
People ex rel. St. Germain v. Walker
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 1994PublishedCited by 5 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Supreme Court properly dismissed the habeas corpus petition because the issue raised, the voluntariness of relator’s guilty plea, either was or could have been raised on direct appeal from the judgment of conviction or in a motion pursuant to CPL article 440 (see, People ex rel. Van Patten v Walker, 174 AD2d 1058; People ex rel. Lamberty v Kuhlmann, 165 AD2d 922). More*1054over, because relator would be entitled only to withdraw his guilty plea and go to trial and not to immediate release, habeas corpus is not an appropriate remedy (see, People ex rel.…
2Cases cited4 opinions
- People ex rel. Kaplan v. Commissioner of CorrectionNew York Court of Appeals · 1983
- People ex rel. Hall v. LeFevreNew York Court of Appeals · 1983
- People ex rel. Van Patten v. WalkerAppellate Division of the Supreme Court of the State of New York · 1991
- People ex rel. Lamberty v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by5 opinions
- People ex rel. Johnson v. WalkerAppellate Division of the Supreme Court of the State of New York · 1999
- People ex rel. Cole v. GrahamAppellate Division of the Supreme Court of the State of New York · 2017
- COLE, ANTONIO v. GRAHAM, HAROLD D.Appellate Division of the Supreme Court of the State of New York · 2017
- People ex rel. Cole v. GrahamAppellate Division of the Supreme Court of the State of New York · 2017
- People ex rel. Patterson v. BerbaryAppellate Division of the Supreme Court of the State of New York · 2002